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I want to ask about building noise at weekends.
Our strata of 36, a cheaply built 60s block where noise is all-too-readily transmitted, got conned into getting themselves a whole new set of lawyer-written by-laws a couple of years ago, at considerable cost.
In this was the, little gem of a by-law, allowing building / renovation noise at normal-ish hours BUT also from 8am until 6pm on a Saturday and from 8am until 3pm on a Sunday. I understand this met with some resistance when the new by-laws were voted in but it got through.
Previously there was the expectation that no building / renovation noise was allowed at weekends. While most people were very considerate about it, in reality some noise did occur but those who did it usually made sure everyone nearby knew it would be on and for how long; an arrangement which worked quite well. You were able to reliably plan a kip or watch the football of a Saturday afternoon and be able to sleep-in if you wanted to on a Sunday.
Now, guess what happens? Because of the age of the building, lots of renovating goes on, even at the weekend, by home handymen and women who work during the week. Well… not all weekend, every weekend; but you can see where I’m coming from. The worst part of this you’re never really sure when the inconsiderate household above you is going to spend the whole weekend chipping tiles off their bathroom wall with no warning, because “the by-laws give them the right to make building noise whenever they like”.
Lately I have done some research and seen a few different sets of by-laws which are very sensible and civilised in my opinion, allowing no building noise at all on a Sunday or Public Holiday; and, say, from 8am until 1pm on a Saturday. (I know there are also local council rules which are a level below strata rules in a strata situation.)
How about I write a motion for submission at our AGM, in about a month, amending the existing by-law or, if required, chucking it out and replacing it with a new by-law?
Any other suggestions?
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By all means do that, but remember you’ll need the same 75% (minimum) vote in favour in order to amend or repeal the existing By-Law, and that even chipping away at bathroom tiles and any similar activities that involves common areas of a Lot and more generally (such as moving materials about in the carpark or in an elevator) additionally requires the prior written consent of the Owners Corporation, that if granted could impose different hours of work under the provisions of the Strata Schemes Management Act, which of course would overrule the By-Law.
Also consider that any other Act of Parliament, as a “superior law”, would overrule your Plan’s By-Law, including the Protection of the Environment Operations Act which limits noisy works on Saturdays to between 8am and 1pm and prohibits such works altogether on Sundays and Public Holidays.
Frankly, I’m surprised that the preamble to your Plan’s suite of By-Laws doesn’t state that they’re limited by the provisions of any and all superior laws that may from time-to-time apply!
Unless I am mistaken, I think Whale is referring to the regulations listed on Page 12 of this document (although I’m sure he’ll correct me if i am wrong). This seems to be related more to building work near residential buildings rather than in them. The EPA’s pamphlet on neighbourhood noise has much less restrictive times for the use of power tools, etc.
However, those rules are primarily but not eclusively desighed for separate dwellings. That’s why you have by-laws and if you have a set that are anything like the standard by-laws, you have recourse via a number of routes.
The most obvious is your right to the peaceful enjoyment of your lot. If you can’t wait for the wheels of Fair Trading and NCAT to grind out their unpredictable verdicts (although you could go for an interim order at NCAT) you could probably go straight to your district court and get a noise abatement order.
However, this would be a very good opportunity for you to get a good set of by-laws in places that set times that work can be done, conditions for rubbish removal, work that MUST be done by a registered and insured professional, use of lifts etc etc and even a damage deposit.
The carrot to get the 75 percent vote is that everybody CAN renovate but they have to follow the rules. The stick is that, as your building ages, more people will want to do this and, as residents get annoyed, they will invoke actions at NCAT and Noise Abatement Orders to shut work down.
Passing a sensible by-law will save the Owners Corp and individual owners tens of thousands of dollars in legal fees – and give everyone back their weekends.
The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers.
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